43(B)log

SEPTEMBER 11, 2023

Because the plaintiff doesn’t own the relevant registration, its §32 claims fail, but the court allows §43(a) claims to proceed, partially reversing the district court’s grant of summary judgment—but read on for more on what that might look like. Assignments before registration need not be in writing, but the evidence must be clear. “[R]equiring

Advertising 69

Advertising Advertising Marketing Marketing 69

LexBlog IP

MAY 3, 2022

A symbol or design is generally eligible for trademark registration if it can function as a source identifier of goods and services, is not similar to a prior mark or in conflict with other prior rights of a third party, and is not otherwise prohibited by trademark or other laws in China. Unlike the U.S.,

Design 52

Design Designs Trademark Intellectual Property 52

IP and Legal Filings

JANUARY 2, 2023

The “FoxMandal” name and “FM” emblem were created and registered by Mr. Som Mandal in the early months of 2002, and it wasn’t until the partners of Fox& Mandal, including his own father, sought for the registration in 2006 that it was denied by the Trademark Registry. & Anr.

Registration 52

Registration Trademark Business Branding 52

SpicyIP

SEPTEMBER 16, 2024

In India, while Lacoste insisted on use since 1993 with trademark registrations going back a decade earlier, CIPL primarily relied on a ‘Co-Existence Agreement’ (CEA) of 1983 between the two companies, which also formed the moot issue of the instant matter.

Trademark 81

Trademark Branding Brands Branding 81

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 40

Registration Ownership Licensing Trademark 40

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

LexBlog IP

JANUARY 25, 2024

” [11] Applying these principles, the Jack Daniel’s Court held that because VIP alleged ownership over the use of its dog toy’s trademark and trade dress, VIP was using them to identify product source. As a result, the expressive qualities of the marks are not relevant; Rogers does not apply. 1] Punchbowl, Inc. 8] 599 U.S.,at

Trademark 40

Trademark Design Designs Registration 40

IP and Legal Filings

AUGUST 14, 2023

The theory of Territoriality states that since disputes relating to the registration and validity of intellectual property rights are typically considered to fall under the exclusive jurisdiction of the State in which such registration was applied for, the choice of law should favour that State. Will there be no remedy at all?

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 52

IIPRD

FEBRUARY 23, 2021

Instances of companies using IP as collateral during times of distress are as follows: Xerox pledged its Patents as collateral due to problems faced concerning financial fraud and certain distress in 2002. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. Case Studies.

IP 40

IP Intellectual Property Business Branding 40

Kluwer Copyright Blog

APRIL 17, 2024

In addition to raising questions about ownership of outputs , infringement in training , and the future of copyright as a policy tool to encourage creativity , economists are in the early stages of analysing the effects of these technologies on human creativity. For simplicity, I will label this ‘commercial significant artistic creativity’.

Artistic Work 104

Artistic Work Registration Copyright Ownership 104

LexBlog IP

DECEMBER 6, 2021

If you want to protect your NFT’s IP as an original work of authorship, consider filing for copyright registration. Applying this to NFTs, a 1-of-1 NFT is ineligible for trademark registration unless associated with a larger collection or series. 2002); TMEP §§ 904.07(b) An Example of a Collection or Series.

Trademark 52

Trademark Non-Fungible Tokens Registration IP 52

IPilogue

JANUARY 14, 2022

Copyright Ownership of Movies and Films in Canada: Who’s on First? The Supreme Court of Canada last considered the definition of “inventor” in 2002, but has yet to consider whether it would include non-human entities. Giuseppina D’Agostino. IP Innovation Clinic ChatBot Launch Event by Bonnie Hassanzadeh. By Meena Alnajar.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

43(B)log

AUGUST 4, 2023

Partly in response to NJ’s 2002 law—once there’s a smart gun, manufacturers have to switch to it w/in 30 months, though NJ backed off and just required retailers to stock it, but still infuriated gun rights advocates who boycotted Colt and Smith & Wesson who then got out of the market entirely. Canada, Bill C-11 passed.

Copyright 52

Copyright Fair Use Marketing Marketing 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. Fourth, if not, can Trump circumvent the registration requirement by seeking a declaratory judgment, or will he have to comply with the registration requirement? Finally, it is the practice of the Copyright Office to accept interviews for registration. “An

Copyright 131

Copyright Blogging Publishing Fair Use 131